Adult Safeguarding Andrew Coombe Associate Director, Safeguarding LMC 24 October 2012

1. Adult Safeguarding Andrew Coombe Associate Director, Safeguarding LMC 24 October 2012

2. Adult safeguarding • The protection of vulnerable adults from abuse, where abuse can include: • Physical; Sexual or Psychological abuse • Financial or Material abuse • Neglect and Acts of Omission (which if repeated can lead to institutional abuse) • Discriminatory abuse

3. Adult safeguarding • What are the statutory requirements? • Safeguarding Vulnerable Groups Act (2006) • Mental Capacity Act 2005 (amended by Mental Health Act 2007) • Deprivation of Liberty Safeguards • Statutory guidance: “No Secrets: Guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse” (2000) (Consultation in 2009/10) • Draft social care white paper promised in Queen’s speech.

4. Section 44 • Section 44 of the MCA creates an offence of ill-treating or wilfully neglecting a person who lacks capacity. This applies to anyone helping a person who lacks capacity to make his or her own decisions and also to deputies and attorneys. If a person is found guilty of ill-treatment or neglect they may face a prison sentence of up to five years and/or a fine. • http://www.mind.org.uk/help/rights_and_legislation/briefing_1_overview_and_key_provisions_of_the_mental_capaci

5. Adult safeguarding • Kent activity 2011/12 • 2,600 contacts • 420 Learning Disability contacts • 15.5% repeat alerts • Categories: • Physical 39.6% • Neglect 33.9% • Financial 20.9% • Emotional/Psychological 16.3%

6. Adult safeguarding • 66% over the age of 65 (13.5% dementia) • 42.5% occurred in own home • 36.6% occurred in care homes • 10.1% occurred in care homes (nursing) • In care homes, main categories neglect and physical abuse, over half record alleged perpetrator as “other professional” • Outcomes – 33% confirmed, 22% discounted, 17% insufficient evidence

7. NHS Kent and Medway • Director of Nursing is the accountable executive. • Nursing and Quality Directorate. • Safeguarding Team. • Complex provider landscape:

8. NHS reform • National Commissioning Board • Kent and Medway Local Area Team (LAT) • Clinical Commissioning Groups (8 across K&M) • Health and Well Being Boards

9. Issues and priorities • Care Homes • Neglect, omission, institutional abuse • Implementation of Mental Capacity Act • Mental capacity assessments, DNAR, best interest decisions, deprivation of liberty • Dementia Care • Dementia strategy, end of life care

10. CQC registration “Essential Standards of Quality and Safety” • Outcome 7: Safeguarding people who use services from abuse • The registered person must make suitable arrangements to ensure that service users are safeguarded against the risk of abuse by means of— • (a) taking reasonable steps to identify the possibility of abuse and prevent it before it occurs; and • (b) responding appropriately to any allegation of abuse. (Regulation 11 of the Health and Social Care Act 2008)

11. Safeguarding leads • Eastern and Coastal Kent • Tina Draper (tina.draper@nhs.net) • 07769 627359 • West Kent • Rosetta Lancaster (r.lancaster1@nhs.net) • 07545 934548 • Medway • Pauline Dineen (pauline.dineen@nhs.net) • 07841 522718

12. Links • KCC multi-agency policies and procedures • http://www.kent.gov.uk/adult_social_services/social_services_professionals/service_information/adult_protection.aspx • PCT independent contractor website • http://www.easternandcoastalkent.nhs.uk/home/independent-contractors/adult-protection/ • DH safeguarding adults – the role of health services • http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_124882 • BMA: Safeguarding vulnerable adults – a tool kit for general practitioners • http://bma.org.uk/-/media/Files/PDFs/Practical%20advice%20at%20work/Ethics/safeguardingvulnerableadults.pdf

13. Questions? Thank you andrew.coombe@nhs.net 07796 675014